Page 1035 - IOM Law Society Rules Book

PART 7: CASE MANAGEMENT

(a) state the name, firm and its address, and experience of the supervising
advocate,
(b) state the address of the premises to be entered, whether it is a private or
business address, and if a private address, what persons are likely to be on the
premises, and
(c) disclose fully the reason the order is sought, including the probability that
relevant material would disappear if the order were not made.
(3) The search order must be served personally by the supervising advocate,
unless the court otherwise orders, and (subject to sub-paragraph (4)) must be accompanied by
the evidence in support and any documents capable of being copied. If the court orders that
the order need not be served by the supervising advocate, the reason for so ordering must be
set out in the order.
(4) Confidential exhibits need not be served but they must be —
(a) made available for inspection by the respondent in the presence of the
applicant or the applicant’s advocate while the order is carried out, and
(b) afterwards retained by the respondent’s advocate on his undertaking not to
permit the respondent —
(i) to see them or copies of them except in their presence, and
(ii) to make or take away any note or record of them,
or, if the respondent has no advocate, retained by the supervising advocate.
(5) The supervising advocate may be accompanied only by the persons
mentioned in the search order.
(6) The supervising advocate must explain the terms and effect of the search
order to the respondent in everyday language and advise him —
(a) of his right to take legal advice and to apply to vary or discharge the order;
and
(b) that he may be entitled to avail himself of —
(i) legal professional privilege; and
(ii) the privilege against self-incrimination.
(7) Where the supervising advocate is a man and the respondent is likely to be an
unaccompanied woman, at least one other person named in the search order must be a woman
and must accompany the supervising advocate.
(8) The search order may only be served between 9.30 a.m. and 5.30 p.m.
Monday to Friday unless the court otherwise orders.
(9) The following provisions apply to the search for and custody of materials
pursuant to a search order, unless the court otherwise orders —
(a) no material shall be removed unless clearly covered by the terms of the order,
(b) the premises must not be searched and no items shall be removed from them
except in the presence of the respondent or a person who appears to be a
responsible employee of the respondent,
(c) where copies of documents are sought, the documents may be retained for no
more than 2 days before return to the owner,
(d) where material in dispute is removed pending trial, the applicant’s advocate
must place it in the custody of the respondent’s advocate on his undertaking
to retain it in safekeeping and to produce it to the court when required or, if
the respondent has no advocate, in the custody of the supervising advocate,

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